Composition for non-attendance; reorganization of the local courts. Assize of Scheme of presentment contained in the assize; the accused required to go to the Assize of Northampton, 1176; primitive form of the grand jury; its later develop- ment. Use of the petty jury in criminal cases Trial by ordeal forbidden by the Lateran Council; compurgation superseded by By the end of the fifteenth appears the trial jury of modern times. Trial by battle; usual mode of prosecuting murder down to the close of the fifteenth century; Ashford v. Thornton, 1818; "appeals " not abolished until reign of George III. 311 Assize of Arms, 1181; ancient military force of the shire reorganized and rearmed; Royal hunting-grounds in the days of Cnut; forest regulations of the Norman Organization of the forest courts; courts of the Forest of Knaresborough. Centralization of justice after the Conquest; the writ process Decline of the judicial powers of the sheriffs; 24th article of the Great Charter. The trial jury the product of the union of Old-English and Norman elements; jurors originally witnesses and nothing more; history of the jury divided into two The barbaric theory of proof; witnesses swore only to the assertion of their chief; transaction witnesses; community witnesses; they spake the voice of the commu- Community witnesses after the Conquest. The inquisitio per testes derived by the 324 The community witnesses now appear in a new relation; whether produced by a party or convened by an officer, they were the same body of men. Recogni- Introduced by Henry II. under the name of assizes; nature of the Great Assize A substitution for trial by battle in suits for freeholds; recognitors mere witnesses 330 In England only was the jury of proof transformed into the jury of judgment; 1. Growth of the Royal Authority after the Conquest . Centralization of justice and finance Origin and character of the struggle for the charters 2. Rise of the three Estates, — the Clergy, the Baronage, and the Com- Estate of the clergy; effects of the Conquest on the national Gregory VII.'s effort to make the clergy a distinct order; ecclesiastical policy of William and Lanfranc; growth of the canon law. Ecclesiastical divisions of the kingdom: the province; the diocese and its subdi- Its power to legislate; Mr. Gladstone's view. Election of bishops Origin of chapters; election of English bishops in the early days Continuity of the witan; a practical transformation wrought by the Conquest Every peer supposed to hold a barony directly of the king; nature of the baro- Barony by summons; feudal rule of primogeniture; the right to be summoned be- comes hereditary. The lords spiritual. Estate of a bishop or abbot regarded as a fief; title of "barones" added to that of commons as understood upon the Continent; as understood in Eng- land; representatives of English shires and towns unite in the house of com- 3. Pressure of the Royal Authority upon every Class in the Reign of Taxation under Richard I.; administrations of the justiciars The effort to raise £100,000 for Richard's ransom; Richard's second and last visit 4. From the Accession of John to the Loss of Normandy in 1204 • 363 The right of succession; coronation speech of Archbishop Hubert; Arthur's mur- Loss of Normandy and its political results; the new ministerial nobility Powerlessness of the crown when opposed by the three estates; the great quarrel He claimed the right of nomination. Theory of the medieval empire: Roman Empire and Catholic Church two aspects of a single Christian monarchy; contin- uous existence of the Roman Empire the key to mediæval history Dante and St. Thomas as disputants; medieval claim of papal supremacy as re- stated by Cardinal Manning; the papal supremacy naturally assumed a feudal The excommunication, 1209; the deposition, 1212; defection of the baronage John's quarrel with the nobles; taxation of the baronage and military service Council at St. Albans, August 4, 1213; representatives from townships summoned. Geoffry Fitz-Peter recurs to the laws of Henry I.; in the council at St. Paul's First representative parliament. The years 1214 and 1215; John's expedition to Poitou; defeat at Bouvines, and truce with Philip. Meeting of the barons at St. Edmund's, November, 1214; reassemble in arms in January, 1215, and make a truce with the king until after Easter In Easter week they meet again at Stamford; "Army of God and Holy Church" marches on London; John's surrender Great Charter of Liberties signed at Runnymede, June 15, 1215. 6. Analysis of the Great Charter: a compact between the crown and the estates Richard and John claimed that the will of the prince was the law of the land; the Each estate covenants for its special rights, while the nation covenants for the com- mon rights of all. The church granted free elections. The baronage relieved of many feudal burdens by the crown; the same burdens removed from their under- A restraint upon alienation, 1217. The commons: English middle class embraced Privileges of London and of all other cities and towns guaranteed; rights of the shire communities; rights of merchants and of simple freemen. Provisions General principles to govern the administration of justice; amercements; writ of Intestates; collection of the king's debts; the forest code. Miscellaneous provi- 7. Outline of the Constitutional Struggle during the Reign of Henry III: First regency since the Conquest; William Marshall appointed regent; reissue of Defeat of the French; treaty of Lambeth, September, 1217; second reissue of the charter; Charter of the Forest; administration of Hubert de Burgh, 1219–1232 395 Third reissue of the charter in 1225; Henry completes his emancipation in 1227; The justiciar ceases to be viceroy and becomes simply the head of a law court; Earliest authorized report of a parliamentary debate, 1242; the proposed reform of 1244; from 1244 to 1254; knights of the shire reappear in the parliament of Provisions of Oxford, 1258; Provisions of Westminster, 1259 Knights of the shire in the parliament of 1264; famous parliament of 1265, to which representatives are for the first time summoned from the cities and towns. 403 8. From the accession of Edward L. to the enactment of "Quia Emp- Remedy for evasions of statute; conquest of Wales, 1282-83 Statute of Merchants, 1283; incorporation of Wales with England Edward's fame as a legislator. Growth of the common law; Glanvill; Bracton Influence of the imperial and pontifical jurisprudence; Britton and Fleta; Mirror of Judicial decisions become a source of law; records of adjudicated cases exist from Representatives from cities and towns first appear in the parliament of 1265; growth of the estate system synchronizes with that of the representative system; the 10. Close of the Constitutional Struggle with the final Confirmation of The king makes peace with the archbishop; the omitted provisions of the Great Charter; Edward's extreme measures produce the counter-movement led by the Who resist the collection of the unauthorized taxes; close of the struggle; char- 1. Place of the English Parliament in the History of Institutions: repre- It survives in England only among the Teutonic nations; English bicameral sys- |